17.66.110 Property owners association or association of separate interest.
A. For all condominium/planned development projects, a property owners association shall be established by recordation of the following:
1. Articles of incorporation of the association;
2. Declaration of covenants, conditions and restrictions;
3. Bylaws of the association.
B. Notwithstanding subsection A of this section and as an alternative to the requirements of said subsection, residential subdivision developments, containing two or more rights of exclusive occupancy, may establish an association of owners of separate interest by the recordation of a declaration of restrictions and maintenance agreement subject to the approval of the city. The approval of the use of such an alternative shall be at the sole discretion of the city and shall be limited to developments not exceeding twenty-five dwelling units.
C. Included in the recorded document or documents shall be provisions for, at least, but not limited to, the following:
1. Any amendment or modification to the documents, as approved by the city, must have the approval of the city prior to completion of the amendment or modification;
2. The maintenance of the common areas and exterior of all structures and walls of any such project by the city in the event of default in the maintenance of such areas by individual owners of the units and for reimbursement to the city for any costs incurred thereby, by collection as a property tax assessment shared on a pro rata basis by all parcels;
3. Each individual unit owner’s exclusive right to the use of specifically designated covered parking space for each unit and joint use of all common parking areas;
4. Except where maintained by a public utility agency, all on-site property improvements, including common areas, vehicular accessways, sewers, storm drains, street lighting, and fire prevention water systems including fire alarms, fire extinguishers and the like, shall be maintained at the expense of the association;
5. During a one-year minimum warranty period, commencing from the date of the last building occupancy permit issued by the city, the developer shall fulfill all responsibilities of the association for maintenance of all facilities which may require maintenance during the warranty period. The expiration of the warranty period shall not limit or relieve the developer from satisfactory performance of any agreement executed with the city;
6. A sinking fund shall be established for the maintenance and repair of all commonly owned structures, mechanical equipment, open space and landscaped areas. (Ord. 2020-07 § 2, 2020; Ord. 2004-13 § 1, 2004)